USA v. Hernandez-Hernandez

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
United States of America
vs.
(1) Ramiro Hernandez-Hernandez
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AU:25-CR-00547(1)-ADA
REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
TO: THE HONORABLE ALAN ALBRIGHT
UNITED STATES DISTRICT JUDGE
The Magistrate Judge submits this Report and Recommendation to the District Court
pursuant to 28 U.S.C. § 636(b)(3). The United States District Court referred this case to the
United States Magistrate Judge for the taking of the defendant's felony guilty plea and for his
allocution pursuant to Federal Rule of Criminal Procedure 11.
On December 16, 2025, the defendant and counsel appeared before the Magistrate
Judge. The undersigned addressed the defendant personally in open court, informed him of
the admonishments under Rule 11 of the Federal Rules of Criminal Procedure, and determined
that he understood those admonishments.
The defendant pled guilty to: illegal re-entry of a deported alien in violation of 8 U.S.C. §
1326(a). There is no plea agreement in this case.
The Magistrate Judge finds the following:
1. The defendant, with the advice of his attorney, consented to enter this guilty plea before
the Magistrate Judge, subject to final approval and sentencing by the District Judge;
2. The defendant fully understands the nature of the charges against him and possible
penalties;
3. The defendant understands his constitutional and statutory rights, understands his
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constitutional and statutory rights can be waived, and understands the meaning and effect of
waiving his constitutional and statutory rights;
4. The defendant does not waive his right to appeal;
5. The defendant's plea was made freely and voluntarily;
6. The defendant is competent to enter this guilty plea; and
7. There is a factual basis for this plea.
RECOMMENDATION
The Magistrate Judge RECOMMENDS the District Court accept the guilty plea and,
after reviewing the presentence investigation report, enter a Final Judgment of guilt against the
defendant.
WARNING
The parties may file objections to this Report and Recommendation. A party filing
objections must specifically identify those findings or recommendations to which objections are
being made. The District Court need not consider frivolous, conclusive, or general objections.
See Battle v. United States Parole Comm'n, 834 F.2d 419, 421 (5th Cir. 1987).
A party's failure to file written objections to the proposed findings and recommendations
contained within this Report within fourteen (14) days after being served with a copy of the
Report shall bar that party from de novo review by the District Court of the proposed findings
and recommendations and, except upon grounds of plain error, shall bar the party from
appellate review of proposed factual findings and legal conclusions accepted by the District
Court to which no objections were filed. See 28 U.S.C. § 636(b)(1)(C); Thomas v. Arn, 474
U.S. 140, 150-53 (1985); Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1428-29 (5th
Cir. 1996) (en banc).
SIGNED this 16th day of December, 2025.
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______________________________
DUSTIN M. HOWELL
UNITED STATES MAGISTRATE JUDGE
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